Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA) )
QUEENSLAND DISTRICT REGISTRY ) Q. No.1 of 1980 ) )
INDUSTRIAL DIVISION
IN THE MATTER of the Conciliation and Arbitration Act 1904, s.123
BETWEEN: GERDA VOIGTSBERGER
Applicant AND: THE COUNCIL OF THE SHIRE OF PINE RIVERS Respondent ORDER
JUDGE MAKING ORDER: EVATT J. DATE OF ORDER: 15 December 1980
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: The respondent, The Council of the Shire of Pine Rivers, pay to the applicant, Gerda Voigtsberger, the sum
of $8739.56.
CATCHWORDS
Industrial Law - "clerical officer" -"clerical duties" - "wholly or mainly" - The Municipal Officers' (Queensland) Consolidated Award 1968 and The Municipal Officers' (Queensland) Consolidated Award 1975 - Conciliation and
Arbitration Act s.123.
GERDA VOIGTSBERGER -v- THE COUNCIL OF THE SHIRE OF PINE RIVERS
(Q. No.1 of 1980)
CORAM: EVATT J.
15 December 1980
Brisbane
IN_THE FEDERAL COURT _OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY ) Q. No.1 of 1980 ) INDUSTRIAL DIVISION )
IN THE MATTER of the Conciliation and Arbitration Act 1904, s.123
BETWEEN: GERDA VOIGTSBERGER Applicant
AND: THE COUNCIL OF THE SHIRE OF PINE RIVERS Respondent
15 December 1980 EVATT J. REASONS FOR JUDGMENT
By application dated 7 August 1980 brought pursuant to 8.123 of the Conciliation and Arbitration Act 1904 (the Act) Gerda Voigtsberger (the applicant) claims an amount of $8,739.56 being arrears of salary due to her from the Council of the Shire of Pine Rivers (the respondent), her employer for the six years (the relevant period) immediately prior to the date of the said application. The respondent is a body incorporated in Queensland pursuant to the provisions of s.6(2) of the Local Government Act
1936 as amended, capable of being sued in its corporate name.
The applicant claims that during the relevant period she was entitled to the benefits of two Awards; first, from 7 August 1974 to 14 May 1975, the Municipal Officers' (Queensland) Consolidated Award 1968 as amended (the 1968 Award) and secondly, from 15 May 1975 to 7 August 1980, the Municipal Officers' (Queensland) Consolidated Award 1975 as amended (the 1975 Award). Such Awards, 1t is claimed, provided that she was entitled to be paid from 7 August 1974 to 30 June 1975 (the day before the date when equal pay under the 1975 Award commenced) as a female officer pursuant to Cl.11 of the Awards and from 1 July 1975 to 8 August 1980 as a
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